RAMCHANDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India was filed for an appropriate writ/order quashing the promotion of respondent Nos. 7 to 55 to the post of Inspector (Armed), Bihar Military Police as also Police Order No. 4/93 (Annexure-1) issued by the Additional Director General of Police (Armed). A prayer has also been made for a writ of mandamus commanding the respondents to promote the petitioners to the post of Inspector (Armed) in terms of the provisions of Rule 649 of the Bihar Police Manual ignoring the procedures prescribed by Police Order No. 4/93.

(2.) Before going to the crucial contentions of the parties, it would be appropriate to notice that petitioners after obtaining permission of the Court had deleted the names- of respondent Nos. 17 to 55 on 15-3-1995. Therefore, it will not be open to them to press this application for quashing of the promotion of those respondents.

(3.) The petitioners were initially appointed as sepoys in the cadre of Bihar Military Police. In course of time, they were promoted as Havildars and later to the post of Sub-Inspectors. In order to grant promotion to the post of Inspector (Armed) nominations were called for by respondent No. 2 from respective commandants and zonal Deputy Inspector General to prepare a fit list by the I.G. Board. Thereafter, the Range Board under the Chairmanship of respective zonal I.G.S took field test including parade, arms drill and other kinds of physical test in addition to the scrutiny of service records and annual confidential reports.